How is “personal injury” defined?
The term “personal injury” is used to explain an accident, caused by another’s negligence, which leads to bodily injury. The attorneys at the Ledger Law represent personal injury clients who have been seriously injured in auto accidents, truck accidents, aviation accidents, bus accidents, construction accidents, dog bite accidents, boat accidents, and helicopter accidents. Claims involving injuries caused by medical malpractice, defective products, and environmental contamination are also considered personal injury claims.
Will my personal injury case go to court?
In many cases, we are able to settle without the need for courtroom litigation. However, if the settlement offers from the insurance company are unacceptable, we are prepared to take your case to court and reach a jury decision if necessary. You will have the option of going to court to try to get an amount that seems fair.
What types of damages can I recover after an accident?
Although each case is unique, you may be entitled to collect damages for medical costs, lost wages, pain and suffering, and others. For wrongful death cases, the family of the deceased may be able to collect for loss of future income and benefits and loss of companionship. Your attorney will utilize accounting services to calculate an acceptable amount to restore your losses, financially and otherwise.
How much of my time will my personal injury claim take?
Depending on the complexity of your case, and the willingness of the insurance company to compromise, your claim could take anywhere from a few months to a few years. Cases that end up in a courtroom will typically require more time than those that settle. Our personal injury attorneys will do everything possible to get you the money you need to meet medical and living expenses when you need it. Your attorney will take care of much of the paperwork, investigation, and meetings, so you do not have to worry about sacrificing much personal time.
How does the insurance company reach an offer amount?
Most insurance companies utilize special software that allows representatives to input the details of your accident. Based on the results, an offer is then made to you or your attorney. Most of our clients find that the initial offer is grossly insufficient.
How is responsibility determined after a car accident?
The process of discovering who is at fault for causing a car accident can be complicated and involve an in-depth investigation. While some cases are cut and dry, with valid witnesses and physical damage that points to clear cut carelessness, others may involve accident experts and investigators, witnesses and their statements, and the application of state driving laws. Although your account of what happened carries weight, it is often not enough to build a strong case. The accident attorney team at the Ledger Law utilizes trained investigators and researchers to gather solid evidence to support your claim.
Should I release my medical records to another driver’s insurance adjuster?
You never want to give the other driver’s insurance company a copy of your medical records. There is protocol they must follow in order to get your records released. Consult your accident attorney if the other driver’s insurance representatives are trying to pressure you into sending them important information.
If I do not appear to have any physical injuries after a car crash, should I still see a doctor?
Yes. There have been many instances of internal injuries arising hours or days following a car accident. Often the time frame these injuries are discovered in will have a great effect on your health. A doctor also has the ability to detect underlying injuries like whiplash or concussion that may not become immediately apparent.
Will my claim be dismissed if the accident was partly my fault?
You should remember to never admit fault following an accident. The clear cause of the crash may not be apparent initially, and your mind may not be in the clearest condition. Many things can contribute to an accident, such as weather conditions, defective equipment, the other driver’s error, etc. Only after a careful investigation of all the contributing factors will the primary cause become apparent. If some action on your part contributed to the final outcome of the accident, but another factor was involved, you may want to leave it up to a judge or jury to decide who is liable.
What agencies are involved in the investigation of aviation accidents?
Airplane crash investigations are assisted by the National Transportation Safety Board (NTSB), the Federal Aviation Association, the Federal Bureau of Investigation, local police departments, and other agencies. These agencies will be looking to piece together the details of the accident to discover a clear cut cause, decide if any enforcement action should be taken, and utilize the findings to prevent future incidents.
What is a ‘statute of repose” for airplane crash litigation?
A statute of repose essentially places a limit on the time frame that an aviation lawsuit may be brought.
What happens after an airplane accident?
After a plane crash, dangerous malfunction, emergency landing, etc., the pilot or pilots involved are required to notify the NTSB immediately and complete a thorough written accident report within 10 days after the accident. Commercial carrier and private aircraft owners and operators are required by law to follow this protocol with the NTSB.
Why do I need an attorney if the NTSB is conducting a thorough investigation?
The NTSB’s goal is to evaluate safety standards with the potential of disciplinary action against any parties who may have contributed to the accident. Their intention is to create and maintain flying as a safe mode of travel. Although they may use your testimony and injuries to meet their objectives, they are not looking to find restitution for you and your family. A skilled injury attorney can protect your interests and help you bring a claim against the responsible party for compensation designed to help your family recover from the devastating effects of an air disaster.
What factors can lead to boating accidents that cause injury or death?
Many different factors can contribute to injury or death from a boating accident. Many boating accidents can be attributed to speeding watercrafts, boating under the influence of alcohol, inadequate training, lack of knowledge of safety procedures or equipment, inexperienced boaters, engine or equipment failure, hazardous boating conditions, and boating in bad weather.
Is an accident report required after a boating accident?
In instances where there is serious injury, fatalities, or significant property damage, an official report is required. Conditions that may also necessitate an accident report include, when a boat or watercraft is totaled, when a craft capsizes, when a person falls overboard, when a boat collides with another watercraft, when a fire occurs, when a boat sinks, when a boat is lost by flooding, when there is an explosion, or when a boat or passenger disappears.
What role does alcohol play in boating accidents?
Boaters tend to overlook the dangers of mixing alcohol and the operation of watercraft. Although drunk driving on waterways is not as highly enforced as drunk driving on the road, it is just as much of a problem. Alcohol consumption is found to be a factor in around one-third of all recreational boating fatalities and boaters who operate their vessels under the influence are said to be 10 times more likely to be killed in accident. Remember that boating while intoxicated is against the law.
How can I reduce the risk of a maritime accident?
To keep your passengers safe on the water, make sure whoever is operating the boat has adequate training, experience and familiarity with the craft. Make sure the boat operator is not going to be drinking alcohol, and that there are enough life jackets for each person on board. Do not take the boat out in dangerous weather conditions, and avoid dangerous stunts or high speeds. Always keep good visibility ahead, and do not boat in areas where swimmers frequent.
What types of compensation are possible with a motorcycle crash lawsuit?
A motorcycle rider who was seriously injured in a collision may have a right to collect damages for motorcycle repair costs, medical costs, lost income, out of pocket expenses, pain and suffering, therapy costs, and others.
What is the main cause of death in motorcycle accidents?
The majority of fatalities that occur after motorcycle accidents are attributed to traumatic head injury.
Why should I hire an experienced motorcycle accident attorney?
An attorney with specific expertise in this field has unique knowledge of the laws and rights that apply to motorcyclists. The motorcycle attorneys at the Ledger Law can help you maximize your compensation through careful investigation and a diligent pursuit of your claim.
What constitutes “unreasonable” landowner maintenance?
After an injury on another’s property, Ledger Law investigators will attempt to determine what caused the accident, and what could have been done to prevent the injury. Laws governing premises liability were written to protect guests from unreasonable and dangerous conditions. In attempting to uncover if the owner was unreasonable, our investigators will look for evidence that safe, clean and secure premises were not maintained.
What are some indications of unreasonable or unsafe premises?
Signs of unreasonable maintenance that can lead to injury may include obstacles on walkways, slippery surfaces, broken concrete, tears in the carpet, loose rocks or gravel, wet areas, low lighting, broken stairs, loose handrails, unsafe porch or balcony areas, broken glass, etc. The presence of dangerous conditions such as these may indicate that a property owner does not inspect his property on a regular basis to ensure safety.
Could I be held partly responsible for a trip and fall accident?
After an injury on another’s property, you should examine your behavior to identify where liability may lie. The property owner’s insurance company will undoubtedly ask you questions in an attempt to identify if fault lies with you. We advise that you refrain from talking to the property owner’s attorney until you are fully aware of your rights. It is a good idea to consult our trip and fall attorney because in many cases, injured parties may incorrectly blame themselves or think that they could have been more careful when, in fact, the property owner may be solely at fault.
What is a “slip & fall” accident?
A “slip & fall” accident is the most common type of premises liability accident, occurring when a guest or resident falls on a slippery surface. A fall attributed to a break or inconsistency in flooring is generally referred to as a “trip and fall.”
Who may become a defendant in a premises liability claim?
Homeowners, owners of rental properties, parking lot owners, business owners, and any owners or management personnel who control private properties may be held accountable for injuries resulting from unsafe premises.
Why might employee, resident, or witness testimony be helpful in premises liability cases?
After you decide to pursue a trip and fall or related claim, your attorney will investigate your incident in hopes of finding evidence that shows how long the dangerous condition existed. Interviewing others may yield important information and reveal a previous complaint or show that the owner in fact had knowledge of the potentially dangerous condition and did nothing to fix it.
What factors lead to truck accidents caused by tire failure?
Tires that are under inflated or improperly mounted on the rim can cause serious accidents. Overloading trucks past the acceptable weight can also place too much pressure on tires and cause blowouts. Although Federal laws prohibit trucking companies from overloading cargo, it is a common occurrence. Defective or cracked rims, defective or worn tires, or defective valve stems, may cause rapid tire deflation or explosion. Federal law also places guidelines for safe levels of tire tread on large trucks.
What is a jack knife accident?
A truck is said to jack knife when a semi-tractor trailer is forced to skid and momentum leads the trailer to keep moving even after the cab stops, forming a 90 degree angle. Many jack knife accidents lead to rollovers as well. Truck drivers may initiate a jack knife by failing to follow safety guidelines and locking the brakes instead of applying even pressure.
What is a “no-zone” crash?
“No-zones” refer to the areas surrounding large trucks where common blind spots occur, such as the side no-zone, the rear no-zone, and the front no-zone. Cars and other vehicles present in the no-zone blind spots are at an increased risk of an accident.